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1. Defendant B shall pay 20,540,000 won to the Plaintiff and 20% per annum from September 4, 2013 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. In full view of the respective descriptions in subparagraphs 1, 2, and 1, and 2 as to Defendant B’s claim and the overall purport of the pleadings, it is recognized that the Plaintiff sold to Defendant B an amount equivalent to KRW 5,300,000 for one-lane number and sold to Defendant B an amount equivalent to KRW 15,240,000 for two-lane number.
According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 20,540,000 (=the amount of KRW 5,300,000 for the second tree of KRW 15,240,00 for the second tree of KRW 5,300 for the first tree of KRW 15,240 for the second tree of KRW) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 4, 2013 to the date of complete payment, as sought by the Plaintiff.
(B) Defendant B asserted that Defendant B only introduced a sales contract between the Plaintiff and Defendant U.N.K.; however, in full view of the following circumstances, Defendant B’s aforementioned evidence and the purport of the entire pleadings, i.e., the Plaintiff was awarded a subcontract from Defendant B to the D New Construction/Landscaping Corporation in C and the K-New E Construction Works in Permitted from Defendant U.K., and was supplied trees from the Plaintiff for the above landscaping work; the Plaintiff supplied trees to Defendant B without direct contact with the progress of the U.N. case; and the signature of Defendant B at the time of the second trees transaction, the above assertion by Defendant B is without merit).
B. The Plaintiff’s assertion 1) In supplying two-lane trees as above to Defendant B, F of the U.N. F. H. H. H. H. H. H. H.P. joint and several liability on behalf of Defendant B for the U.N. M. M. H. H. H. H. H. H. H. H. H. H. H. H. H. H.P. is jointly and severally liable with Defendant B to pay the Plaintiff KRW 15,240,000 for secondary trees and damages for delay thereof.